Victory at Sea: US Bycatch Standards Applied to Imports

As of next year, the United States will be required to prohibit seafood imports from countries that fail to meet US standards for protecting marine mammals—a major victory for wildlife conservation and welfare. It was achieved in settlement of an August 2024 lawsuit filed in the US Court of International Trade by AWI, the Natural Resources Defense Council, and the Center for Biological Diversity against the US government. Represented by Anderson & Kreiger LLP, the groups challenged the government’s failure to enforce a provision of the Marine Mammal Protection Act mandating that US seafood imports must come from fisheries whose standards for avoiding marine mammal bycatch are comparable to those of domestic fisheries.

Implementation of the settlement involves four phases: The first two phases (already completed) required the US government to notify nations whose fisheries were denied a preliminary “finding of comparability” to US bycatch standards and gave each such nation an opportunity to refute this denial. The third phase directs the US government to review any supplemental information and issue final comparability findings for all foreign fisheries by September 1, 
2025. In the final phase, the government—by January 1, 2026—must identify and prohibit seafood imports from all fisheries whose bycatch standards have not been deemed comparable to US standards. The National Marine Fisheries Service will also publish the final documents reflecting the agency’s rationale for its comparability findings.

Each year around the globe, more than 650,000 whales, dolphins, and other marine mammals drown or suffer serious injuries due to entanglement in commercial fishing gear. US enforcement of import restrictions will pressure foreign fisheries to implement stronger protections for these animals, thus reducing this staggering toll and promoting sustainable fishing abroad while leveling the playing field domestically.

Program Terms: Marine Wildlife

AWI Quarterly Terms: Government/Legal, Quick Read